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第36章

the zincali-第36章

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the remainder。  It is said that Carlos Tercero was no friend to 



superstition; yet how little did Spain during his time gain in 



religious liberty!  The great part of the nation remained 



intolerant and theocratic as before; the other and smaller section 



turned philosophic; but after the insane manner of the French 



revolutionists; intolerant in its incredulity; and believing more 



in the ENCYCLOPEDIE than in the Gospel of the Nazarene。' (41)







We should not have said thus much of Carlos Tercero; whose 



character has been extravagantly praised by the multitude; and 



severely criticised by the discerning few who look deeper than the 



surface of things; if a law passed during his reign did not connect 



him intimately with the history of the Gitanos; whose condition to 



a certain extent it has already altered; and over whose future 



destinies there can be no doubt that it will exert considerable 



influence。  Whether Carlos Tercero had anything farther to do with 



its enactment than subscribing it with his own hand; is a point 



difficult to determine; the chances are that he had not; there is 



damning evidence to prove that in many respects he was a mere 



Nimrod; and it is not probable that such a character would occupy 



his thoughts much with plans for the welfare of his people; 



especially such a class as the Gitanos; however willing to build 



public edifices; gratifying to his vanity; with the money which a 



provident predecessor had amassed。







The law in question is dated 19th September 1783。  It is entitled; 



'Rules for repressing and chastising the vagrant mode of life; and 



other excesses; of those who are called Gitanos。'  It is in many 



respects widely different from all the preceding laws; and on that 



account we have separated it from them; deeming it worthy of 



particular notice。  It is evidently the production of a 



comparatively enlightened spirit; for Spain had already begun to 



emerge from the dreary night of monachism and bigotry; though the 



light which beamed upon her was not that of the Gospel; but of 



modern philosophy。  The spirit; however; of the writers of the 



ENCYCLOPEDIE is to be preferred to that of TORQUEMADA AND MONCADA; 



and however deeply we may lament the many grievous omissions in the 



law of Carlos Tercero (for no provision was made for the spiritual 



instruction of the Gitanos); we prefer it in all points to that of 



Philip the Third; and to the law passed during the reign of that 



unhappy victim of monkish fraud; perfidy; and poison; Charles the 



Second。







Whoever framed the law of Carlos Tercero with respect to the 



Gitanos; had sense enough to see that it would be impossible to 



reclaim and bring them within the pale of civilised society by 



pursuing the course invariably adopted on former occasions … to see 



that all the menacing edicts for the last three hundred years; 



breathing a spirit of blood and persecution; had been unable to 



eradicate Gitanismo from Spain; but on the contrary; had rather 



served to extend it。  Whoever framed this law was; moreover; well 



acquainted with the manner of administering justice in Spain; and 



saw the folly of making statutes which were never put into effect。  



Instead; therefore; of relying on corregidors and alguazils for the 



extinction of the Gypsy sect; the statute addresses itself more 



particularly to the Gitanos themselves; and endeavours to convince 



them that it would be for their interest to renounce their much 



cherished Gitanismo。  Those who framed the former laws had 



invariably done their best to brand this race with infamy; and had 



marked out for its members; in the event of abandoning their Gypsy 



habits; a life to which death itself must have been preferable in 



every respect。  They were not to speak to each other; nor to 



intermarry; though; as they were considered of an impure caste; it 



was scarcely to be expected that the other Spaniards would form 



with them relations of love or amity; and they were debarred the 



exercise of any trade or occupation but hard labour; for which 



neither by nature nor habit they were at all adapted。  The law of 



Carlos Tercero; on the contrary; flung open to them the whole 



career of arts and sciences; and declared them capable of following 



any trade or profession to which they might please to addict 



themselves。  Here follow extracts from the above…mentioned law:…







'Art。 1。  I declare that those who go by the name of Gitanos are 



not so by origin or nature; nor do they proceed from any infected 



root。







'2。  I therefore command that neither they; nor any one of them 



shall use the language; dress; or vagrant kind of life which they 



have followed unto the present time; under the penalties here below 



contained。







'3。  I forbid all my vassals; of whatever state; class; and 



condition they may be; to call or name the above…mentioned people 



by the names of Gitanos; or new Castilians; under the same 



penalties to which those are subject who injure others by word or 



writing。







'5。  It is my will that those who abandon the said mode of life; 



dress; language; or jargon; be admitted to whatever offices or 



employments to which they may apply themselves; and likewise to any 



guilds or communities; without any obstacle or contradiction being 



offered to them; or admitted under this pretext within or without 



courts of law。







'6。  Those who shall oppose and refuse the admission of this class 



of reclaimed people to their trades and guilds shall be mulcted ten 



ducats for the first time; twenty for the second; and a double 



quantity for the third; and during the time they continue in their 



opposition they shall be prohibited from exercising the same trade; 



for a certain period; to be determined by the judge; and 



proportioned to the opposition which they display。







'7。  I grant the term of ninety days; to be reckoned from the 



publication of this law in the principal town of every district; in 



order that all the vagabonds of this and any other class may retire 



to the towns and villages where they may choose to locate 



themselves; with the exception; for the present; of the capital and 



the royal residences; in order that; abandoning the dress; 



language; and behaviour of those who are called Gitanos; they may 



devote themselves to some honest office; trade; or occupation; it 



being a matter of indifference whether the same be connected with 



labour or the arts。







'8。  It will not be sufficient for those who have been formerly 



known to follow this manner of life to devote themselves solely to 



the occupation of shearing and clipping animals; nor to the traffic 



of markets and fairs; nor still less to the occupation of keepers 



of inns and ventas in uninhabited places; although they may be 



innkeepers within towns; which employment shall be considered as 



sufficient; provided always there be no well…founded indications of 



their being delinquents themselves; or harbourers of such people。







'9。  At the expiration of ninety days; the justices shall proceed 



against the disobedient in the following manner:… Those who; having 



abandoned the dress; name; language or jargon; association; and 



manners of Gitanos; and shall have moreover chosen and established 



a domicile; but shall not have devoted themselves to any office or 



employment; though it be only that of day…labourers; shall be 



considered as vagrants; and be apprehended and punished according 



to the laws in force against such people without any distinction 



being made between them and the other vassals。







'10。  Those who henceforth shall commit any crimes; having 



abandoned the language; dress; and manners of Gita

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